Game Over!


We win, and Brett Kimberlin loses!

UPDATE—We did not put on a defense. Judge Johnson ruled that The Dread Pro-Se Kimberlin did not present evidence of the torts he was alleging, and he ruled in our favor as a matter of law after TDPK rested his case.

UPDATE 2—I’d like to offer my thanks to all of you folks who have offered your prayers and encouragement. I’d like to thank Patrick Ostronic, who provided Aaron, Stacy, and me with a pro bono defense. Thanks are also due to Ken White for putting up the Popehat signal on our behalf and to Glenn Reynolds for the Instalanche of Ken’s post that alerted Patrick to our plight.

UPDATE 3—Instalanche! Thanks again, Prof. Reynolds, and welcome, Instapundit readers. BTW, the Blogfather is correct in his estimation that one of Brett Kimberlin’s biggest mistakes was trying to outcrazy Stacy McCain.

UPDATE 4—Mrs. Hoge and I have just returned home from a celebratory dinner with Mr. and Mrs. Walker. Aaron will be home later tonight. I suspect that he will have a blog post reviewing the Kimberlin v. Walker, et al. nuisance lawsuit up later tonight or tomorrow.

UPDATE 5—Night Shift Politics points out that stupid is as stupid does.

UPDATE 6—Popehat comments here.

233 thoughts on “Game Over!

  1. sanctions?? court fees to be paid by him?? designated a vexations litigant???

    inquiring minds want to know..

    OH this is so turning into a bad week for TK…

    O.o

    • He had a $1.5M award against him in the bombing case and never paid it. If he has attorney’s fees charged against him, I doubt that the defendants will see any actual $$.

    • He never paid a penny on the $1.5M awarded against him in the bombing case. I don’t expect him to pay on this case.

    • That’s the real question for me.

      They have said repeatedly that their goal is endless litigation to waste the time of their critics, and perhaps snag a summary judgment here and there when someone is overwhelmed with the BS. There should be some negative consequences for them. Losing was not necessarily a given in Maryland, but it is hardly enough. Hoge, Aaron, Mccain, Ali, and whoever else deserve fees, deserve some kind of protection from further harassment, and Kimberlin needs to be declared vexatious.

  2. Somewhere in Elkridge, there’s a mighty pout a-brewin’ and a frantic search for ways to explain that was predicted wasn’t was meant.

    Oh, I almost forgot, BWAHAHAHAHAHA!

  3. Weigel reports Kimby refuses to back down:

    Kimberlin tells me he’ll appeal, and that as far as the bloggers go there’ll be “endless lawsuits for the rest of their lives."— daveweigel (@daveweigel) August 12, 2014

      • There’s always something you can appeal. Whether the appeal is successful or not depends on what errors he alleges, whether the authorities agree with him, and how the appellate judges feel about the issue.

        Given TDPK’s behavior, the lack of evidence, and the fact that the judge bent over backwards to accommodate him, I don’t immediately see anything that is so wrong that it would warrant reversal on appeal.

        But appeal is always possible.

      • EGD

        Last time he appealed a Johnson ruling, he lied about what johnson ruled, claiming that he forbade brett from calling me to the stand (instead what actually happened, which was Brett didn’t call me that time). fyi.

      • Aaron: The guy’s been convicted of lying. The fact that the court believes anything he writes is baffling.

        Unfortunately, appeal to the intermediate court is not discretionary.

        As I said, given his behavior I doubt that he would get any relief on appeal.

    • Given the facts that Aaron and Ali are quite young, and Brett Kimberlin is sixty, it raises the question as to how Brett Kimberlin can expect to sue them “for the rest of their lives?”

  4. So great to hear! I look forward to hearing more details as they become available. Congrats, though this outcome was predictable. All is proceeding….

  5. Sweet Jesus, Mary, and Joseph, and Archangel Michael, thank you. Thank you!
    God bless all of you for having the courage to fight this.

    • seriously??
      JEEEZ… I guess Kimby thinks the Fed case will go differently (considering its the same basic case I highly DOUBT that)

      • Came here specifically to ask about that. Was this for service in the Fed case? The one that in going in the tank?

    • He already told Dave Weigel that he intends to appeal and that the defendants will have “endless lawsuits for the rest of their lives.”

    • He actually must be made to stop. Vexatious is a new word to me, but that’s the nicest adjective I can come up with for Kimberlin. If this guy is designated a vexatious litigant, this stuff might stop.

      • Though all right thinking people agree with you, I suspect we would see proxies sue Kimberlin’s targets at that point, just as there are seem to be proxies for harassment.

      • Michael, that’s exactly what is in the works, if one supporter of Kimberlin’s actions are any guide.

  6. the Fed case will go pretty much the same way…IF it’s not dismissed sooner..

    and where is Bwilly?? crying in his fro-yo NO JUSTICE IN MARYLAND!!!! probably…

    O.o

    • actually i saw where he very reasonably said 1) brett hurt himself with that comment about endless litigation and 2) brett should re-evaluate his rico suit. He plainly still hates us, but his analysis was almost reasonable. very interesting.

  7. Somewhere near Trailer #71 in Elkridge, a keening, wailing was heard to erupt as winds began to howl, dogs commenced to barking and adjacent residents quickly bolted and barred their doors. As clouds began to darken, the wailing increased in intensity and sounded remotely like “Bobbers”, how could you let this happen, “Oh Bobbers”. “Take me home, Bobbers, Take me home”.

    Increasing in intensity, the keening was almost unbearable, when it suddenly, stopped and an eerie quiet settled over the neighborhood. Just as inexplicably, a white creamy substance began to ooze out the doors and windows to Trailer #71.

    It was over.

    Now accounts have to be settled. There will be a reckoning. The Johnstown dentist comes to mind as do others. Justice may be slow, but it will be mercilessly precise and correct.

    The bridgehead has been established. Next step….Operation Breakout!

    No Prisoners!

    • No, no, the “I will have your woman” was Bill’s hollow brag. #TeamFreeSpeech is a bit classier then that. Hopefully they will just settle for every singe cent the little terrorist has and will ever have.

  8. Oh, please, please, please let there be more legal predictions from Oliver Wendell Jones this evening. I’m officially hooked!

  9. Now we must get BK judged a vexatious litigant to prevent his further abuse of the courts. The direct verdict has to be humiliating for the little worm, and an embarrassment to his supporters.

    • Is it possible to proactively ask the court to have him declared vexatious? Even if it’s just against the defendants in this case, he’s already gone on record saying he plans to continue using the courts as a weapon.

      • I don’t think I am out on a limb in predicting that WILL happen in the Federal suit. The midget is on his last stubby leg.

      • The midget is on his last stubby leg.

        And parole. Let’s not forget the parole.

        Congratulations, gentlemen.

      • Unfortunately, this applies only to the specific issues against these specific defendants. Since TDPK apparently doesn’t care if he loses as long as he costs his victims time, stress, and money, he can come up with new suits – probably based on the posts and comments about the current cases.

        Only the vexatious designation can stop him, unless he harasses the wrong person at some point, of course.

        Federal is best because all states recognize it.

  10. Pingback: Brett Kimberlin | State Lawsuit |Defamation | Verdict

  11. This is fantastic news! Hopefully the ruling here will help sink the federal case as well.

    Just as Mr. Hoge thanked those who helped him we need to in turn thank Mr. Hoge. I came late to this case, but it is obvious that he is a man of great character and determination who stood up for everyone’s rights at great cost and risk to himself. The country is in dire need of such men these days so it is nice to know there are still some out there.

    All of his vexations are not yet at an end but great progress was made towards that end today. May he sleep well tonight with one less worry hanging over him.

  12. Hey, look who came out of hiding to…gloat? about Kimby losing his arse in court. Guess there was one more payment coming so he has to try and spin it as well as he can spin a crushing defeat.

  13. And somewhere there will be a recording or a transcript of RSMcCain reading posts about Kimberlin in open court — in a case in which it was determined that there was no basis for false light… (Whatever that means. IANAL. Damned LSAT.)
    I think that’s as close as you get to a court saying “Put up with it Brett.”

      • I’ve heard Stacy talk on podcasts. Letting him read his own, scathing, prose?

        Oh, I’m sure it was glorious for everyone but Kimberlin!

  14. Hurray! And now I think the judge was wise to take away one avenue of appeal for Brett, by permitting him to testify.

    In a defamation case his motion to exclude evidence of his reputation is going exactly nowhere is any appeal, if there’s even any way to make it matter (since defense put on no case and judge was the one who determined there was no defamation) and obviously he’s not going to have more of a case than he ever had.

    • Except that “endless litigation for the rest of their lives” awaits our protagonists in which Brett Kimberlin can lie, scratch that, testify on his own behalf.

      I’d appeal the judge’s decision.

  15. Congrats Mr. Hodge, I know its been a long time coming. Please know that myself and many, many others will continue to stand beside you in your future battles.

      • Doesn’t Osborne have daughters? I wonder if he would allow Kimberlin to have sex with them at 15? Would he let them marry Kimberlin at 16? If Osborne does not respond, I’ll just assume he would be fine with that.

    • funny how Bunny Boy (and other members of Team Kimberlin) like to leave out such piddly things as the FACTS when it comes to discussions like this…
      such as BK’s inappropriate relationship with an underage minor, that many believe led to his having someone KILL her grandmother (who objected to his relationship with her UNDERAGE grand child
      or how he began a sexual relationship with a 14 yr old girl, who he later married after forging a birth certificate to make it look like she was 18 when she was in fact 16….
      or his “songs” about screwing teens..

      Oh yeah calling someone else who has done NONE of those things a pedophile is just the same as calling Brett Kimberlin (who did ALL of them) one…

      Liberalism certainly is a mental disease…

      O.o

      • That’s not liberalism. You may not like the liberal viewpoint, but they’re not all supporters of criminals and creeps. Most of them are not, and most of them are good, decent people with a different viewpoint.. There’s no mainstream liberal support for these pieces of garbage known as Team Kimberlin. You do conservatives a disservice when you lump all liberals with the likes of the Tiny Terrorist and the Elkridge Horror.

      • The first major difference is that Ken White would have competent counsel if he sued Matt Osborne.

    • Sorry, A Reader #1. I meant to press the up button but pressed the down one by mistake. (It’s been a long day!)

  16. Congratulations….

    I do fear that this might not end til bk is in jail where he belongs.
    To that there are three avenues–none very likely.

    1) a perjury conviction… Of course no prosecutor will be up for that
    2) Capone style — tax evasion and fraud in his charities… I’m sure IRS investigators are all over that
    3) maybe william bowman is alive and has seen the light

    • I am afraid the IRS won’t bother, because between JTMP and VRUS, there’s less than a half-million passing through. It’s just really small potatoes.

      His donors might start looking a little harder, but even that’s a little weak as a hope. I mean, if the grants are for general support, or operating support, then he’s just going to say, “Well, we’re operating! Thank you so much for your support!”, and when the amounts are $10,000, a lot of foundations just aren’t going to look that hard. I wish they would, but they won’t.

  17. Excellent news! Pretty crushing for BK to get smacked down without you all needing to put on a defense. I mean, I’m quite surprised since I was reading how BK was going to smack the defendants down with his airtight case and that Ali was going to go state’s witness or whatever. Oh well!

  18. Congratulation to our esteemed host and his co-defendants.
    Now, time for them to clean up in the Federal Rico Madness, hopefully in short order.

  19. I laugh at how Willy is afraid of Popehat. As soon as Ken tweets this:

    Willy brings his twitter account public again.

    DANCE MONKEY, DANCE!!!

    • Wait! Didn’t the court just say no BK you are the liar. Yea, I’m pretty sure that’s what it means when you lose without the defense even having to present.

      • Dianna, you really hit the mark. Brett has spent his entire life trying to be center-stage, seeking fame and adulation to feed his malignant narcissism. So far he has had to settle for being a side-show in life, getting only the lime-light and infamy. This ruling shows that Brett does not control his history but is controlled by his past, that Brett is not a celebrity, just an insignificant little man who is not worth mentioning and that his convoluted sense of self-importance is as false and hollow as that of a pissant.
        BTW, please excuse my commenting directly in reply to you. I know your antipathy towards me but I was so enamored of your comment I couldn’t resist. I do so enjoy your comments it is sometimes difficult to refrain from a reply, thus I beg your forgiveness and indulgence.

  20. Weird… either you’re being overwhelmed with traffic (possible), or someone’s doing a denial-of-service attack on your site.

    If it’s the latter, gosh, that’s really, really bad timing on the part of the most likely parties.

  21. While this is good news, I will take this opportunity to caution the peanut gallery that there are still other actions pending… no reason to educate Tatoo at this late date.

    • I know so little about the law, I simply comment upon evident absurdities, and leave the legal calculations to those who know what they are talking about.

    • As if he could possibly know the truth when he saw it. He thinks that those of us who do know what we are talking about are delusional. You can’t fix stupid.

  22. Congratulations to our gracious host. I can’t say it’s a well-earned victory, as you did nothing to earn it save allow your opponent to act freely; Kimberlin sank himself.

    Suffice to say, this should never have gone as far as it did. One lawfare case down, one to go.

    • Respectfully but strongly disagree. The defendants held steadfast against a stream of vicious retaliation including death threats. Brett had several unscrupulous journalists write nasty articles about them. He had his dupes heap abuse, ranging from verbal invective to threats to swatting. The dupes also targetted friends, family, employers, churches, and professional orgs that the defendants belonged to.

      This is why I criticize behind my anonymous handle, and the defendants face yet more of the above. I don’t think I could do what they did. They deserve huge credit. They fight for us all.

      Donate.

      • You speak truth. I spoke in terms of the very immediate case, not everything that has gone on before and will go on in the days and months ahead.

      • Sorry to sound like I’m jumping on you. Just felt reminded of how hard it is, what Kimberlin’s victims endure. Huge congratulations to them for that.

  23. Where’s Earl? I know there are all sorts of things to be gloomy about, but I’m not sure what they are until Earl tells me!

    (This is to be considered gentle teasing, nothing more!)

  24. Did somebody hack Bill’s account? This sounds strangely connected to reality. I wonder if this is his version of damage control.

    At the moment, I cannot feel as if this bodes well for the RICO suit. Brett would have to present a good case for appeal.— RADIO NIXON (@RadioNixonUSA) August 12, 2014

  25. “I love Brett like a brother. He has been very helpful to me…”

    Wait. DIdn’t Admiral Asinine state that he hadn’t had much contact with the sawed-off Speedway bomber in a long time?

    Unfortunately, with The Admirals continued drawing of breathe comes The Admiral’s continued lying…

    • Willy, for Christ’s sake, look around you! “Helping” you become an internet punchline pounding out tweets every waking moment of every day isn’t “helping” you.

      Look more closely at his faceplant today, then look at the absolute certainty you had in him yesterday. Reevaluate.

  26. Darn! Now what am I going to do with all this popcorn I was saving for when you got the the short stack short eyes on the stand?

    Seriously, congrats on your flawless victory. I guess that makes youe Raiden. Ali is Jax. McCain is Scorpion and Aaron has to be Sub-Zero.

    As for the popcorn…

    Caramel Crack
    • 6 quarts popped popcorn
    • 1 cup butter
    • 2 cups firmly packed brown (or maple) sugar
    • ½ cup corn syrup, (either light or dark will do)
    • 1 teaspoon salt
    • ½ teaspoon baking soda
    • 1 teaspoon vanilla
    • 1 jigger dark rum
    • (optional pumpkin spice to taste)
    Preparation:
    Preheat oven to 250°. Oil or spray a large roasting pan with vegetable cooking spray, regular or butter-flavored. Pour popcorn into the pan. In a heavy pan, slowly melt butter; stir in the brown syrup, corn syrup, and salt (and spices, if desired). Bring to a boil, stirring constantly. Boil without stirring for 5 minutes. Remove from heat and stir in the baking soda, vanilla and rum. Gradually pour the syrup over popcorn, stirring to blend well. Bake for 1 hour, stirring every 10 minutes. Remove from oven; let cool completely and beak apart.

  27. Proving once again that he’s a violent psychopath, William just posted a bitstrip of him standing on John’s neck with an axe in his hand.

    Normal lad.

    • I posted a Mr. Bill toy next to a Sawzall, and boy oh boy did he go bonkers.

      Tried to get a PEACE ORDER.

      I wonder if Our Gracious Host will react in a commensurate manner.

      I wouldn’t.

  28. Pingback: Free Speech and Truth Prevails: Brett Kimberlin is a big fat LOSER! | Batshit Crazy News

  29. Mr. Hoge.

    My heartfelt congratulations. The US judicial system is a disgusting mess, expensive, protracted, and arduous, but eventually it often does vindicate the rights of those who have sufficient patience and money (or pro bono counsel). I appreciate the pain and work that you have suffered by refusing to be silenced by an already convicted bomber and perjurer, who has yet to make restitution to the widow of the man the felon maimed. The citizenry owes you a debt of gratitude.

    I for one can do no more than applaud your courage and endurance. I shall hit your tip jar once more. I recognize that you are not out of the woods yet: the RICO case grinds on interminably and BS still flings mayonnaise to the four winds, but the words “collateral estoppel” do have a delightful ring to them.

    Thank you.

  30. Pingback: Good News! Bomber Loses Lawsuit Against Bloggers! | The Lonely Conservative

  31. Congratulations to our esteemed host and all defendants. Continued prayers for you and all others having to deal with this vexatious scumbag. All of Indiana is with you. :-)

  32. Also, I saw Glenn Reynolds’ comment about TDPK trying and failing to out-crazy Stacy McCain. Good times!

  33. Pingback: Bloggers Defeat Brett Kimberlin's Vexatious Defamation Case In Maryland | Popehat

  34. Word on the street: TDPK’s mother said she’d finally kick him out of her basement if he lost the case.

    Hope the weather is good in Bethesda tonight, pedo, or I bet that tent is gonna suck!

  35. Well, Willy’s boogeyman, nemesis and all-around pants-peeing badguy, Ken White, just called him a “deranged cyberstalker”.

    Res judicata!

  36. Bloggers Defeat Brett Kimberlin's Vexatious Defamation Case In Maryland http://t.co/4oj9exseRY— Uhh Huh Huh Hwow! (@Popehat) August 13, 2014

    GREAT post! Favorite line… on Kimberlin’s skill as a litigator; “If only one could litigate by drug dealing, perjuring, and blowing the leg off innocent bystanders, he would have been an elite courtroom attorney.”

    • Let us hope that Ali Akbar takes Ken’s advice about going pro-se to heart.

      Honestly, I thought that had to be a misunderstanding, as, so far as I know, Ali’s not an idiot.

  37. Not surprised that BK lost. I have been saying for a while he never expected to win. He intended it to cost his opponents. And he has stated his intent to continue. He will appeal and he will file new suits. They cost him little. Until some court catches on and levies serious sanctions he will keep it up and continue plaguing the good guys.

    • Hi, Earl! I knew you could tell me what to worry about!

      Good to see you, and it’s great that the good guys won! Celebrate a little, I am going to open a nice little rioja and toast the good fortunes of Team Free Speech. Join me, won’t you?

  38. I like our Esteemed Host’s post It was short, to the point, made two quick encores, and he dropped the microphone on the floor and walked offstage. I can imagine him now, sitting in a comfortable chair. listening to comfortable music, enjoying a comfortable drink after finishing a lovely dinner. His computer sits somewhere else, shut off and dark.

    As opposed to a mother’s basement somewhere in the same state….

  39. Damn. You get caught on one simple 11 hour flight and look what you miss.

    The only regret was that possibly the judge should have waited until the defense rested to give the directed verdict. Then it would have all been on the record in open court. Did the defense get to move to declare BK a vexatious litigant? If not, too bad.

    But hearty congratulations all around.

  40. Pingback: Convicted Domestic Terrorist, drug dealer, and perjurer loses; “As a matter of law” in state case. | Wizbang

  41. I want to hear Stacy reading posts. I really, really want that.

    BTW, what is this madness – he actually called Aaron Walker?! Seriously, he gave Aaron, a truly, seriously aggrieved party, room to enter into the record – under Kimberlin’s own examination – evidence, facts, and references?

    Evidently, the gods would destroy Brett Kimberlin. Because that is simply mad.

      • Never ask a question you don’t already know the answer to… unless no answer can possibly hurt you. Guess he didn’t learn that in his jail-house lawyer training.

  42. I called into Ali’s program late last night, and I listened to the end of it and they prayed for their fellow defendants and then they prayed for Brett

    I hope all of those twitting for Kimberlin listen to them

  43. Pingback: LIVE AT FIVE: 08.13.14 : The Other McCain

  44. Pingback: Maryland state court throws out Brett Kimberlin lawsuit without even hearing the defense

  45. Pingback: Brett Kimberlin Smited by Maryland Court | Bearing Drift

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s